<<Prev Rule

Texas Administrative Code

Next Rule>>
TITLE 30ENVIRONMENTAL QUALITY
PART 1TEXAS COMMISSION ON ENVIRONMENTAL QUALITY
CHAPTER 290PUBLIC DRINKING WATER
SUBCHAPTER GWATER SAVING PERFORMANCE STANDARDS
RULE §290.265Administrative Penalty

(a) A person who violates these sections shall be assessed an administrative penalty in an amount described in paragraphs (1)-(3) of this subsection but not to exceed $5,000 for each violation and for each day of a continuing violation.

  (1) The penalty for sale, offering for sale, distributing, or importing a plumbing fixture which does not meet the requirements of these sections shall be a minimum of $25 and a maximum of $500 for each unit sold, offered for sale, distributed, or imported. The amount of the assessed penalty will be based upon subsequent cooperation by the violators with the commission.

  (2) The penalty for sale, offering for sale, distributing, or importing a plumbing fixture not labeled in accordance with these sections shall be a minimum of $25 and a maximum $500 for each unit sold, offered for sale, distributed, or imported. The amount of assessed penalty will be based upon subsequent cooperation by the violators with the commission.

  (3) The penalty for willful and continuing violation of paragraphs (1) and/or (2) of this subsection shall be above $5,000 for each violation.

(b) A person against whom an administrative penalty is assessed is entitled to a notice and hearing on the assessment of the penalty in accordance with the Administrative Procedure Act, and the commission's formal hearing procedures as described in Chapter 337 of this title (relating to Enforcement).

(c) Not later than the 30th day after the date on which the commission's order assessing the administrative penalty is final, the person assessed the penalty shall pay the full amount of the penalty or file a petition for judicial review. A person who fails to comply with this subsection waives judicial review.


Source Note: The provisions of this §290.265 adopted to be effective March 17, 1992, 17 TexReg 1646; transferred effective March 1, 1992, as published in the Texas Register, March 3, 1992, 17 TexReg 1649; amended to be effective January 7, 1994, 18 TexReg 9935.

Next Page Previous Page



Home TxReg TAC OM NewTac Public Footer Bar